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OSU paid Posey’s lawyer nearly $142K

antonetz.3@osu.edu

Published: Monday, October 10, 2011

Updated: Saturday, June 16, 2012 00:06

DeVier Posey

DeVier Posey

Ohio State has paid a Columbus law firm nearly $142,000 to represent players during recent NCAA investigations into the eligibility of several OSU athletes.

Crabbe, Brown and James LLP has been paid $141,814.30 as of mid-September, said Shelly Hoffman, assistant vice president for OSU Media Relations.

Larry James, the attorney representing the football players who were suspended by the NCAA for being paid for work they didn't do by Robert DiGeronimo, said he expected backlash from the release of the figure, but confirmed to The Lantern that the figure was correct.

James also represented the players involved in "Tattoo-gate," including former quarterback Terrelle Pryor, and the group of football players James referred to as the "Sports Illustrated 9."

The "Sports Illustrated 9" refers to nine current players, separate from the six players suspended for "Tattoo-gate," "whose alleged wrongdoing might fall within the NCAA's four-year statute of limitations," according to a June 6 Sports Illustrated article.

Hoffman did not immediately return requests asking for how much the firm was paid for representing athletes in each case specifically.

OSU's athletics department paid the fees out of its general operations fund, which student fees do not go toward, said Dan Wallenberg, associate athletics director for communications.

He also said the funds for similar services could come out of the Student-Athlete Opportunity Fund, which was created by the NCAA in 2003 to provide direct benefits to student-athletes or their families, and is generated by NCAA basketball tournament revenue. However, the athletic department didn't dip into the fund on this instance so as not to deplete the fund for other student athletes, Wallenberg said.

NCAA spokeswoman Stacey Osburn said according to NCAA rule 16.3.2, the cost of legal representation is allowed to be provided by the university in any investigation into a student-athlete's eligibility.

Requests for comment from OSU President E. Gordon Gee, OSU athletic director Gene Smith and OSU associate athletic director for compliance Doug Archie were not immediately returned Monday night.

Student Legal Services provides court representation to students in cases involving Franklin County Municipal Court, Franklin County Common Pleas Court, 10th District Court of Appeals, and the Supreme Court of Ohio, according to its website.

However, students must pay a $40 fee for the service encompassing the school year from Aug. 1 to July 31, which students had the ability to opt-out of. Students enrolling for the first time any quarter other than Autumn Quarter are eligible to pay a prorated fee.

Richard Vedder, who studies higher education financing and is a retired economics professor from Ohio University, said he does not believe universities should provide athletes free legal counsel.

"I've never heard anything so outrageous in my life," Vedder said.

Vedder said the current system in college sports is corrupt because schools are unfairly representing athletes. Vedder, however, said athletes drawing income for the university but not being paid was "athletic child molestation."

Still, Vedder doesn't agree with OSU paying for athletes' lawyers. He said the university could spend the money on libraries or helping to lower tuition.

Auburn University paid $170,000 in attorney fees to represent former Auburn quarterback Cam Newton from November 2009 through February 2010 during the NCAA's investigation into his eligibility, according to Feb. 9 report in The Birmingham News.

Michigan paid more than $600,000 in attorney fees for an infractions case involving former head football coach Rich Rodriguez in 2010, according to a report in annarbor.com.

Smith announced in a press conference on Oct. 3 that Posey would be suspended at least one game for being overpaid for work he didn't do by DiGeronimo. The NCAA announced Friday that Posey would be suspended for five games. DiGeronimo has been disassociated fro the university.

Senior running back Dan Herron and sophomore offensive lineman Marcus Hall, who were also employed by DiGeronimo, were suspended only for Saturday's game at Nebraska. Junior defensive lineman Melvin Fellows was also involved but is out with a career-ending injury, as well as senior linebacker Etienne Sabino, who was permitted to play so long as he repaid the $60 he was overpaid to a charitable organization.

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23 comments

Alum and PhD Candidate
Sat Oct 15 2011 17:37
To Anonymous 17:43, the mother wondering about the $40 (per quarter) student legal fee. This fee was just added this academic year. I opted out of it (via Buckeye Link) because after reading the regulations and what it covers and does not cover, I felt the service is not worth my money! This service cannot be used for any incident that happens on OSU property (dorm, classroom, library, health center, campus streets, campus greens, etc.; it cannot be used for any incidents with OSU professors, administrators, and staff. Anything against OSU is out of the question!

Of course OSU would set it up this way (to protect themselves; they have enough law suits as it is). Plus, for $40 a quarter all a student gets is legal advice, which you can generally get free from a law firm, legal aid organization, or family attorney. At $40 a quarter x thousands and thousands and thousands of students (most of who don't know that they can opt out of this fee), I often wonder if this service (which is not officially an OSU department/not officially part of The Ohio State University) was created to line someone's pocket. Perhaps someone E. Gordon Gee and the Board of Trustees know quite well? Was there a bidding for this service? I never heard there was.

Plus, I cannot understand that if the OSU Student Legal Services is not officially an OSU department/not officially part of OSU, then why couldn't a student obtain legal advice for an incident that happens on the OSU campus, in a dorm, in a classroom, at the health center, or with a professor, administrator, or staff member, etc.? I hope that a Lantern journalist investigates this service. In my opinion, this service is a sham!

Anonymous
Fri Oct 14 2011 01:33
Student athletes do not have a contract with the NCAA. The NCAA is the governing organization for college sports. They set the rules, and when those rules are broken, they dole out the punishments. That's not a contractual relationship. As well, Posey's punishment was already handed down. The university is paying $142,000 in legal fees to a private attorney so that Posey can fight the decision. That is a benefit that other students don't get, and it isn't fair.

Even if you want to argue that the university has an interest in Posey's suspension, the simple fact is that the university has lawyers on staff. There is no reason to bring in a private attorney, and there is no defensible reason that the university and ultimately, the university students, should be paying for it.

Anonymous
Thu Oct 13 2011 13:53
The one thing in this article that people and students are failing to see is the simple logical distinction between paying legal fees for going to an NCAA hearing on infraction concerning their eligibility, and dealing with "criminal" matters before a court of law. The University clearly has an interest in protecting the student-athletes' eligibility, hence the rational behind the rule for which the NCAA permits the University to pay for such fees and not count them as "additional benefits." The fact of the matter is that in these hearings, no athlete is being prosecuted for a crime, merely a violation of their NCAA contracts and the University who already pays for their tuition and other expenses, has the right to protect the whole purpose for which they have already expended money and benefits out to these players -- obviously, to play the game and make the University more money and nostalgia.

Of course, it could be argued that the University has an interest in protecting these athletes in a court of law for the very same reason; however, as a criminal matter, the NCAA recognizes that as additional benefits to foot the bill for those legal fees. In essence, that is the loophole for which the University can claim that it does not have to pay legal fees for any other student, as the issue is before the NCAA in this case and not a Court of Law.

Therefore, in reality, the Athletes are not getting any extra benefits for legal fees than any other student would get, only they have an additional contract with the NCAA for which the University has a substantial interest in.

Anonymous
Wed Oct 12 2011 17:43
Enjoyed your article regarding legal fees for player. As a mother of an OSU student,and as an employee of The Ohio State University, I was most interested in the fact that students pay a $40 legal fee, which they have the ability to opt out of.

This is quite interesting. I had never heard this before. I knew about the COTA fees, the lab fees, RPAC fees, Ohio Union Fees, but I had never heard about this $40. fee. I am certain your article has gotten a lot of people talking, not only about the player and his attorney fee, but this $40.fee for legal. Can you just imagine what kind of representation our students would get if they took advantage this? I can guarantee it would not be the high caliber attorneys, like Larry James, that are representing our football players.

Personally, I disagree with the NCAA in many of these instances; so my dislike is not for the football players, the university, or their attorneys, it's for the $40. fee many of us did not know existed, and for the unequal representation for regular students and the athletes.

One question: where would one go to opt out of this $40.00 fee?

Anonymous
Wed Oct 12 2011 12:02
All this turmoil because a man who wrote a book about values, honor, virtue and doing the right thing decided not too. This could have all ended last year had they just taken their medicine. Now the horses are out of the barn and the cost of beating Arkansas is growing by the day as this snowball heads downhill and picks up speed. Big money will eventually ruin this great sport. At least for me. Ohio State is looking bad in the eyes of the public. Its a real shame. I can never look at Tressel, Smith and Gee the same way again.
Anonymous
Wed Oct 12 2011 10:47
Students are not employees, or are they? OSU paying these bills for a non-employee appears to be a huge conflict of interest. Paying for the student's attorneys seems to imply they are employees. While I can see the university paying the bills for an employee such as a coach, how does that translate to paying bills for students who might otherwise testify against the university?
Anonymous
Tue Oct 11 2011 21:58
I guess my question would be, "Will Ohio State pay Crabbe, Brown, and James LLP $141,814.30 if the valedictorian or debate team captain gets in legal trouble?".

614 737 4415

I dunno... ask him.

Anonymous
Tue Oct 11 2011 21:50
Back in the era of Thurber, OSU was a football school. In the 60's it was known as the Big Farm. In the Tressel/Gee it acquired some new luster as an academic institution. The events of the past months have retroed it back to the school referenced in Goodbye Columbus - - obsessed with football, viewing its worlds as them v. us, and often publically embarrassing. Sadly, its decision-makers have lost the respect of many of us alumni. Makes one more sad than angry.
Anonymous
Tue Oct 11 2011 21:07
I guess my question would be, "Will Ohio State pay Crabbe, Brown, and James LLP $141,814.30 if the valedictorian or debate team captain gets in legal trouble?". Because if not, regardless of what the fund was set up for, providing services/benefits to athletes that are not also readily available to the general student body is "impermissable", by the NCAA's own definition.

And the same goes for Auburn's legal fees for Newton. Michigan's situation is a little different because a coach is an employee of the university. Obviously some loopholes are being exploited in these student cases; but it probably still looks improper to most objective observers.

KenD
Tue Oct 11 2011 13:10
It's only money--attorneys need employment also.
Anonymous
Tue Oct 11 2011 11:30
What I got out of this:

1) Athletes not getting paid is unfair - apparently "athletic child molestation"

+

2) The University should be spending their money on libraries or on lowering tuition...

=

This guy is an idiot...

Anonymous
Tue Oct 11 2011 11:25
I seem to remember last spring, when a Lantern photographer was apprehended by police for taking pictures of a loose cow over near the stadium, the school board voted to not represent him. Charges were eventually dropped, but if you're going to come to the defense of one student in legal trouble for actions performed while representing the university, you should come to the defense of ALL students, regardless of how many touchdowns they score. It just goes to show how much this university cares about its football team, but no one else.
Anonymous
Tue Oct 11 2011 10:38
VEDER DISGUSTING: Veder's comment as repored by the Lantern ( "Vedder, however, said athletes drawing income for the university but not being paid was "athletic child molestation.") is offensive, insensitive, ingorant, inappropriate, and disgusting. Maybe we should ask him what he knows about child molestation to make such a comparison. You mention that he is retired - that is consoling - and that he studies "higher education financing" (whatever that broad explanation means). Does his expertise also include "child molestation"? He owes a sincere apology to every person and family that has ever suffered child abuse. His comments were not intelligent, witty, or cute. They are just plain ingorant and offensvie.

As to representing the athletes, why not? If the University does not, who will ? I am o9ne of many voices who stand with Posey and defend him. There are many student jobs on campus? Can they all dare say they give 100%, never cut hours, never take advantage of benefits, never receive special treatment? How about Profs on campus - do they ever get paid for hours they don't show up for class in, or do they refund their slaires when they delegate work to their assistants? Has anyone checked the cell phones of every employee , every professor, every student employee to see where they were during working hours ? You should be careful not throw stones if you live in a glass house. These young men work hard, balance the rigors of classes, study, and demands of physical fitness, training, practice.. and are assets used to generate great income for the shcool. An d myself, and a buckeye nation of millions, really enjoy watching OSU football. These studetn athletes are as much an asset as any other person, employee, student, teacher, whomever .. and they have earned the right to be represented by the same institution that recruited them.

macspidie
Tue Oct 11 2011 09:54
I believe I just read an article in the Dispatch about the financial woes of the university.

Anyone involved in the crime loses their scholarship and does not get to play as far as I am concerned. Or we can tell NCAA to jam it.

We still need the compliance committe replaced, and several higher officials gone. Time to start over.

Anonymous
Tue Oct 11 2011 09:42
Kick them out of this school. They're costing us hundreds of thousands of dollars to NOT play football.
Annonymous
Tue Oct 11 2011 09:26
THEY DID THE CRIME...WE PAY THE DIMES. OMG.
If they are "guilty" then there should be an obligation to pay back some if not all of the money spent.
THEY ruined the season for those who followed the rules. OSU should not be so soft on those who break the rules. KICK THEM OFF THE TEAM AND SUSPEND THEM FROM SCHOOL. That might get the attention of others looking for a quick and illegal buck.
Anonymous
Tue Oct 11 2011 09:23
THEY DID THE CRIME...WE PAY THE DIMES. OMG.
If they are "guilty" then there should be an obligation to pay back some if not all of the money spent.
THEY ruined the season for those who followed the rules. OSU should not be so soft on those who break the rules. KICK THEM OFF THE TEAM AND SUSPEND THEM FROM SCHOOL. That might get the attention of others looking for a quick and illegal buck.
Anonymous
Tue Oct 11 2011 08:49
i wonder if Posey has to pay taxes on that money he has been given? If so, will the OSU boosters step in and pay that? If so, will that be taxed?
archerm, OSU grad 1983
Tue Oct 11 2011 07:31
For all of those who are incensed at the perception of athletes getting "special benefits", take a closer look at who benefits from the legal representation. The university is paying legal fees mainly for the benefit of the university. Attempting to clear Posey and others from NCAA infractions is mainly for the long term benefit of the university's athletic department. There is some collateral benefit to the athlete in terms of possibly being reinstated earlier, but still the vast majority of benefit is to OSU and it's ability to continue as a money-making athletic department. I don't see any problem with OSU paying these legal fees, since it is MAINLY to protect OSU.
Anonymous
Tue Oct 11 2011 06:57
While I'm not sure the university should be fronting money for legal fees for student-athletes, it is a practice that is happening at other major universities as cited in the article. I will also agree students and most student-athletes benefit much more from the knowledge and scholastic experience received while attending the university. It is indeed a place of higher education.
With that being said, the university also realizes this tellling reality. The football program and the basketball program generate a substanial amount of money to fund the operation of the entire athletic deparment. This includes women's athletic teams, and thus allows the university to maintain over 30 varsity sports while still complying with Title IX. Additionally, it is the success of the athletic department which often brings in corporate sponsorships and other donors - donors who could also give to the university's endowment fund. Major athletics garner much attention and generate vast amounts of money. This is not a new concept. For this to change, we will need to see a vast change in our cultural attitudes toward sports stars and celebrities in general. I, however, do no see that happening any time in the near future.




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